Reasonable Adjustments at Work in Northern Ireland

Who this guide is for

Disabled employees and job applicants in Northern Ireland who want to know whether their employer must make changes for them. In Northern Ireland the law is the Disability Discrimination Act 1995. The Equality Act 2010 does not apply.

What this guide does not cover

• Work in England, Wales or Scotland: see the Great Britain guide.
• Disability benefits: see our benefits guide.
• Being dismissed while off sick with a mental health condition: see our mental health at work guide. Menopause: see our menopause guide.
• Other kinds of discrimination. This guide does not cover them: ask the Equality Commission for Northern Ireland.
• Whether a particular condition counts as a disability in Northern Ireland. This guide gives the general test only: ask the Equality Commission.
• Tribunal time limits in detail: see our tribunal deadline guide. Your other rights at work: see our employee rights guide.

What the rules depend on

1. Are you disabled under the Disability Discrimination Act 1995? If yes, the duty can apply.
2. Are you at a substantial disadvantage compared with people who are not disabled? It must be because of a provision, criterion or practice your employer applies, or a physical feature of its premises.
3. Is the change reasonable? That depends on the situation, including cost and practicality. Only a tribunal can finally decide.
4. What has happened, and when? The date decides your time limit.

"Do I count as disabled?"

The Disability Discrimination Act 1995 defines a disabled person as someone with a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

If you have cancer, HIV infection or multiple sclerosis, you count as disabled from the day you are diagnosed.

Whether a particular condition meets that test depends on your facts. Ask the Equality Commission for Northern Ireland if you are not sure.

"When must my employer make adjustments?"

An employer has a duty to make reasonable adjustments for a job applicant or employee with a disability where the person is at a substantial disadvantage compared with people who do not have a disability. The disadvantage must be caused by a provision, criterion or practice applied by the employer, or a physical feature of premises the employer occupies.

Whether a change is reasonable depends on the situation. The law lists things to weigh up, including how well the change would work, how practical it is, its cost and any disruption, the employer's money and other resources, any help available such as Access to Work (NI), and the size and type of the business.

Failing to meet the duty cannot be justified and is always unlawful.

The law covers recruitment, terms and conditions including pay, promotion, transfer and training, disciplinary procedures, performance and attendance procedures, dismissal or redundancy, occupational pensions, the way the work is arranged, and the physical features of the premises.

For help with the cost of support at work, contact Access to Work (NI).

"My employer has refused. What can I do?"

A discrimination claim needs no minimum length of service. The Equality Commission for Northern Ireland may be able to help with a discrimination claim.

Before most claims you must notify the Labour Relations Agency (LRA). Early conciliation through the LRA is free. If you notify the LRA within your time limit, the clock stops for up to 1 calendar month while conciliation takes place, plus up to 14 more days if both sides agree.

"Can an employer ask about my health before offering me a job?"

Northern Ireland has no law that stops an employer asking about your health or disability before offering you a job, and asking is not by itself discrimination. But under the Disability Discrimination Act 1995 it is unlawful for an employer to discriminate against a disabled person in how they decide who to offer a job to, or by refusing to offer it. So if the employer treats you worse because of your answers, for example by not offering you the job, that can be disability discrimination and you can make a claim to an industrial tribunal.

Deadlines you must meet

• Most claims: 3 months less 1 day, including discrimination.
• Early conciliation: tell the LRA within your time limit.
• Your exact date depends on your facts: see our tribunal deadline guide.

Traps

• The Equality Act 2010 does not apply in Northern Ireland. Do not use its rules or wording here.
• There is no Acas early conciliation in Northern Ireland. Use the LRA.
• Most claims stay at 3 months less 1 day in Northern Ireland.